[Federal Register: July 14, 2003 (Volume 68, Number 134)]
[Notices]
[Page 41558-41559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy03-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[I.D. 060503A]
Notice of Intent To Conduct Public Scoping and Prepare an
Environmental Impact Statement for the Snohomish County, Washington,
Habitat Conservation Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce; U.S. Fish and Wildlife
Service (USFWS), Interior
ACTION: Notice of Intent
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SUMMARY: Pursuant to the National Environmental Policy Act, this notice
advises the public that the USFWS and NMFS (collectively, the Services)
intend to gather necessary information to prepare an environmental
impact statement (EIS) related to the proposed approval of a Habitat
Conservation Plan (HCP) and issuance of two incidental take permits
(Permits) (one from NMFS and one from USFWS) to take endangered and
threatened species in accordance with the Endangered Species Act of
1973, as amended (ESA). The Permit applicant is Snohomish County,
Washington, Department of Public Works (Department). The application is
related to activities associated with the development and maintenance
of transportation and drainage infrastructure, including substantial
capital projects, in the North Lake Washington Watershed, in southwest
Snohomish County. The Department intends to apply for the Permits for
Puget Sound chinook salmon (Oncorhynchus tshawytscha), bull trout
(Salvelinus confluentus), and certain other federally listed species.
To address potential future listings, the Department also plans to seek
coverage for approximately 14 unlisted fish and wildlife species under
specific provisions of the Permits. In accordance with the ESA, the
Department will prepare an HCP that includes measures to minimize and
mitigate any take that could occur incidental to the proposed Permit
activities (development and maintenance of transportation and drainage
infrastructure).
The Services are furnishing this notice: (1) to advise other
agencies and the public of the Services' intent to prepare an
environmental review document, and (2) to obtain suggestions and
information on the scope of issues to include in the environmental
review.
DATES: Written comments from all interested parties must be received on
or before August 13, 2003.
ADDRESSES: Comments and requests for information should be sent to Jo
Ellen Henry, Fish and Wildlife Biologist, USFWS, 510 Desmond Drive,
S.E., Suite 102, Lacey, Washington 98503-1263, facsimile (360) 753-
9518; or Chris Clemons, Fisheries Biologist, Habitat Conservation
Division, NMFS, 503 Desmond Way, Suite 103, Lacey, WA 98503, facsimile
(206) 526-6736.
FOR FURTHER INFORMATION CONTACT: Jo Ellen Henry, USFWS, at telephone
(360) 753-7766; or Chris Clemons, NMFS, at telephone (360) 753-9595.
SUPPLEMENTARY INFORMATION:
Comments
Written comments and suggestions are invited from all interested
parties to ensure that the full range of issues related to this
proposed action are identified. Comments will not be accepted via e-
mail or the internet. All comments and materials received, including
names and addresses, will become part of the administrative record and
may be released to the public. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the above address.
Background
The Lake Washington Watershed (Watershed) encompasses approximately
670 square miles [1,735 square Kilometers (Square Km)]. The Watershed
boundary extends from southwest Snohomish County to south King County.
The majority of the watershed (approximately 85 percent) lies within
the boundaries of King County. The probable area covered by the
proposed HCP lies within Snohomish County's portion of the watershed.
Three sub-basins, North Creek, Swamp Creek, and Little Bear Creek, will
be the focus of the HCP's covered area. While small segments are
situated within King County, 95 percent of these sub-basins are within
southwest Snohomish County (approximately 69 square miles (178 Square
Km). The largest of these, North Creek, is nearly 29 square miles (75
Square Km), with approximately 27 square miles (69 Square Km) located
within Snohomish County (94 percent of the sub-basin). The second
largest, Swamp Creek, is nearly 25 square miles (64 Square Km) in size,
with approximately 23 square miles (59 Square Km) located within
Snohomish County (92 percent of the sub-basin). The smallest of the
targeted sub-basins, Little Bear Creek, is just over 15 square miles
(38 Square Km), and has approximately 13 square miles (33 Square Km)
located within Snohomish County (87 percent of the sub-basin).
Snohomish County owns, and the Department maintains, an extensive
system of roadways and drainage facilities within these basins.
Departmentally maintained rights-of-way approach nearly 315 miles (506
meters) in total length. The majority of this roadway (88 percent) lies
within a state-designated Urban Growth Area (UGA), which is zoned for
high-density residential and industrial development. A small portion of
the road system and its attendant infrastructure is located outside of
the UGA, primarily within the Little Bear Creek sub-basin.
Presently, over 1.4 million people reside in the Greater Lake
Washington Watershed. The population growth trend in the Puget Sound
region demands an increasingly complex roadway and drainage facilities
infrastructure. Snohomish County recognizes the need to maintain and
upgrade its transportation system to
[[Page 41559]]
meet this demand, satisfy Washington State Growth Management Act
requirements, and further improve transportation quality and safety.
These proposed transportation system improvements include a series of
substantial capital projects that would likely require construction
near water bodies, habitat for Puget Sound chinook salmon, bull trout,
and other listed and unlisted species. In addition, the Department has
identified specific drainage improvement needs in the affected basins.
These drainage improvements would also involve a series of substantial
capital projects that are likely to affect water bodies, habitat for
Puget Sound chinook salmon, bull trout, and other listed and unlisted
species. The Services and Department agree that project-by-project ESA
compliance decreases project certainty, increases expense, and can
result in a fragmented and uncoordinated approach to species
conservation. The Department's proposal is to develop an HCP, which
will provide long-term assurances for constructing, upgrading, and
maintaining Snohomish County's transportation and drainage systems
while ensuring that the County's activities are conducted in a way that
meets the conservation needs of 3 listed species and 15 unlisted fish
and wildlife species (including Dolly Varden, Salvelinus malma,
proposed for listing under the ESA's similarity of appearance
provisions, and Coho salmon, Oncorhynchus kisutch, a candidate for
listing under the ESA) with specific provisions in the Permits should
these species be listed in the future.
Snohomish County's transportation and drainage construction and
maintenance activities can harm listed species. ESA section 10 provides
for the issuance of incidental take permits to non-Federal entities
whose otherwise lawful activities cause the take of endangered and
threatened species. The issuance criteria for an incidental take permit
require that the take is incidental to otherwise lawful activities, and
will not appreciably reduce the likelihood of the survival and recovery
of the species in the wild. In addition, the applicant must prepare and
submit to the Services for approval an HCP containing a strategy for
minimizing and mitigating the effects of any incidental take to the
maximum extent practicable. The applicant must also ensure that
adequate funding will be provided for implementation of the HCP, and
meet any other requirements that the Secretaries of Commerce and
Interior might require.
Snohomish County has initiated discussions with the Services
regarding the possibility of receiving permits that would cover take of
listed species incidental to the following otherwise lawful activities:
(1) Construction of new transportation facilities (roads and
bridges, drainage and stormwater facilities, mitigation sites);
(2) Maintenance of existing transportation facilities (roads and
bridges, drainage and stormwater facilities);
(3) Construction of new drainage infrastructure and facilities
(drainage and stormwater facilities, culverts, mitigation sites);
(4) Maintenance of existing drainage facilities (drainage and
stormwater facilities, culverts, mitigation sites); and
(5) Construction and maintenance of bank stabilization projects
associated with county road rights-of-way (bank hardening).
The Snohomish County Public Works is currently considering the
following types of conservation measures for the proposed HCP. These
may include, but are not limited to:
(1) A program of land conservation for the preservation,
enhancement, and/or creation of suitable habitats for species addressed
in the HCP to mitigate impacts associated with proposed construction
and maintenance activities;
(2) Development and implementation of construction and maintenance
best management practices to avoid or minimize construction and
maintenance impacts on species addressed in the HCP;
(3) Commitment to continuing certain activities that are currently
voluntary, targeted at reducing anthropogenic caused ecological
conditions that limit the natural production of salmonids in the HCP
Area (may include, but is not limited to, the following types of
activities: impervious surface removal, stormwater retrofitting, and
fish passage barrier removal);
(4) Implementation of an adaptive management program with ongoing
monitoring and adjustment of proposed covered activities; and
(5) Continuing landowner outreach, education, and Water Resource
Inventory Area planning participation.
The Services will conduct an environmental review of the issuance
of the proposed requested Permits and proposed HCP by preparing an EIS.
The EIS will analyze the proposed action (issuing the requested
Permits) and alternatives to the proposed action, by comparing the
impacts of the action on the human and natural environment to those
that would occur under each of a range of reasonable alternatives,
including a No Action alternative. The Services will use the scoping
process to develop alternatives to the proposed action. In addition to
considering potential impacts on listed and other covered species and
their habitats, the EIS could include information on potential impacts
resulting from alternatives on other components of the human
environment. Other components could include air quality, water quality
and quantity, geology and soils, cultural resources, social resources,
economic resources, and environmental justice.
The environmental review of this project will be conducted in
accordance with the requirements of the National Environmental Policy
Act of 1969, as amended (42 USC 4321 et seq.), National Environmental
Policy Act Regulations (40 CFR 1500-1508), other appropriate Federal
laws and regulations, and policies and procedures of the Services for
compliance with those regulations.
Date: June 12, 2003.
William F. Shake,
Acting, Deputy Regional Director, U.S. Fish and Wildlife Service,
Region 1.
Date: July 7, 2003.
Phil Williams,
Chief, Endangered Species Division Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 03-17750 Filed 7-11-03; 8:45 am]
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